Losing a child in an accident is a nightmare that most parents hope they never have to face. In California, unintentional injuries are the leading cause of death for children. If your child died because of another person's or an entity's negligence, you may consider filing a lawsuit against the negligent party.
California law specifies who can file a wrongful death lawsuit and the damages you can recover. To learn more, contact the wrongful death attorneys at Woods Williford, P.C. at (888) 340-2440.
Causes of Child Wrongful Death
The most common cause of fatal unintentional injuries in children is motor vehicle accidents. These include accidents where the child is a passenger in a vehicle and where the child is a pedestrian or riding a bicycle.
Faulty products also cause fatal unintentional injuries in children. These products may be, for example:
- toys that contain lead,
- shelves that tip over,
- dangerously designed toys, or
- poorly maintained playground equipment.
Medical malpractice can also lead to wrongful death, especially at birth. Approximately two percent of infant deaths at birth is due to misuse of instruments or other medical malpractice.
Requirements to File a Lawsuit in California
California law allows parents of children who died to file wrongful death lawsuits. "Wrongful death" occurs when your child dies because of the legally established fault of another person or an entity. This is a civil case, which is separate from any criminal charges against the negligent party.
The statute of limitations to file a wrongful death claim, according to California Code of Civil Procedure § 335.1, is two years from the date of your child's death. If your child died due to the negligence of a government entity – usually a city or the State of California – you must first notify the government entity of the claim. If your child's death was caused by a State of California employee or another state or local government entity, the statute of limitations to notify the State is only six months from the date of your child's death.
Relief Available
In wrongful death lawsuits, the parent of the deceased child is the Plaintiff and asks the Court to grant them monetary damages. While no amount of money can truly compensate you for your child's death, it can help cover some expenses.
Economic damages compensate the Plaintiff for financial losses associated with a child's death. These may include funeral expenses and medical bills.
Non-economic damages are more subjective. The Court grants non-economic damages to compensate the Plaintiff for the loss of "love, companionship, comfort, care, assistance, protection, affection, society, and moral support" the child would have provided.
Punitive damages are granted to punish the Defendant. Punitive damages are not available in most California wrongful death lawsuits. The law, however, provides for one exception: when your child's death "resulted from a homicide for which the defendant has been convicted of a felony," then punitive damages may be available.
Contact an Experienced California Child Wrongful Death Attorney
If your child died due to negligent actions of another person or an entity, contact the compassionate wrongful death attorneys at Woods Williford, P.C. Our lawyers will fight to recover just compensation for your child's death.
Call us today at (888) 340-2440 or fill out our online form for a free consultation.